Yet Another Russian Doping Scandal

With the Paris 2024 Summer Olympics less than a year away, athletes and fans are already preparing. Yet, the Beijing 2022 Winter Olympics continue to be a subject of public attention and controversy as the doping case for Russian figure skater, Kamila Valieva (17), endures.

At the Beijing 2022 Olympics, Valieva was found to have previously tested positive for trimetazidine, a heart medication that can increase blood flow efficiency and improve endurance. [1] Trimetazidine is on the World Anti-Doping Agency’s (“WADA”) prohibited-substance list.[2] This medicine was once heavily promoted and widely used in Russia.[3]

Prior to Beijing, Valieva had her urine sample taken during the Russian national championships on December 25, 2021.[4] The sample was not flagged as positive until February 7, 2022; the same day Valieva skated the Russians to gold in the team event.[5]

Following the flagged sample, Russia banned Valieva for a day.[6] The Russian anti-doping agency (“RUSADA”) disciplinary panel then upheld an appeal on her behalf and lifted the ban.[7] RUSADA itself was suspended from 2015-2018 for facilitating cheating.[8] The International Olympic Committee (“IOC”), WADA, and the International Skating Union (“ISU”) then appealed RUSADA’s decision to the Court of Arbitration for Sport (“CAS”) and requested an interim ban.[9]

Valieva was allowed to finish out the Olympics with the understanding that a full doping case would be conducted by RUSADA.[10] As an athlete under the age of 16, Valieva was a “protected person” under WADA.[11] This means she was afforded greater due process flexibility and could eventually receive a lesser punishment.[12]

Valieva’s competitors left Beijing without final results for their events. With the help of Valieva, Russia placed first in the team event ahead of the United States.[13] The Japanese and Canadian teams were also impacted, placing third and fourth, respectively.[14]

Post-Beijing, on December 14, 2022, RUSADA found Valieva had committed an Anti-Doping Rule Violation (“ADRV”) for which she bore “no fault or negligence.”[15] Other than the disqualification of her December 25, 2021 results, Valieva was not sanctioned.[16] WADA and ISU appealed to CAS.[17] The current parties to the CAS proceeding are RUSADA, ISU, WADA, and Valieva.[18]

RUSADA wants the challenge to its prior decision set aside.[19] ISU would like Valieva sanctioned as ineligible for up to four-years, and all of her results since December 25, 2021, invalidated.[20] WADA seeks a similar ruling to ISU, but it also wants Valieva found to have committed an ADRV under RUSADA’s rules.[21]

Valieva would like CAS to decline jurisdiction over the RUSADA, ISU, and WADA claims.[22] She would like her results in the 2021 Russian Figure Skating Championship re-instated.[23] Alternatively, Valieva seeks a ruling that she bears no fault or negligence.[24] Therefore, her ineligibility period would be no more than two-years and her results would be valid.[25]

Now, after more than a year and a half since Beijing, CAS will hear Valieva’s case. The hearing is scheduled for September 26th through the 29th at the CAS Headquarters in Lausanne, Switzerland.[26] Valieva and other Russian officials will be offering remote testimony at the hearing.[27]

Members of the U.S. figure skating team have requested to observe Valieva’s hearing.[28] The U.S. athletes averred that the results of the hearing will have a material impact on their lives and careers.[29] It is unclear whether they will be able to view the private hearing.

While the CAS hearing is one step closer towards finalizing Valieva’s case, CAS has said “it is not possible to indicate when the final decision will be announced.”[30] It could be months before a final verdict is reached.[31] The final decision will be binding, though the parties will have 30 days to appeal to the Swiss Federal Tribunal on limited procedural grounds.[32] At this rate, Paris 2024 athletes may know their medal count before some Beijing 2022 skaters.

While these delays are likely frustrating for Olympic skaters, Valieva’s case raises even greater concern about the status of clean sport in Russia and the treatment of its athletes. Russia has a history of doping scandals, and each one begs the question, will things ever change?

Image Credit: Associated Press

[1] https://apnews.com/article/winter-olympics-what-is-trimetazidine-93aa213631626ad47065b1f358b4d1ff; https://www.espn.com/olympics/story/_/id/37898870/russian-skater-kamila-valieva-doping-case-begin-sept-26

[2] https://apnews.com/article/winter-olympics-what-is-trimetazidine-93aa213631626ad47065b1f358b4d1ff

[3] Id.

[4] Id.

[5] Id.

[6] Id.

[7] Id.

[8] https://www.usatoday.com/story/sports/olympics/2023/08/24/us-figure-skating-attend-russian-skater-kamila-valieva-doping-hearing/70667649007/

[9] https://apnews.com/article/winter-olympics-what-is-trimetazidine-93aa213631626ad47065b1f358b4d1ff

[10] Id.

[11] https://www.washingtonpost.com/sports/olympics/2022/02/15/kamila-valieva-loss-of-innocence/